Litigation in Thailand follows a civil law system influenced by the Napoleonic Code and traditional Thai laws. The Thai judiciary operates under a tiered court system, where cases progress through different levels based on their nature and complexity. Legal disputes can involve civil, criminal, administrative, commercial, and labor matters, with each case governed by specific statutes.

Foreign nationals involved in Thai litigation must navigate strict procedural laws, language barriers, and judicial formalities. This guide provides an in-depth analysis of the Thai litigation process, covering legal framework, types of courts, trial procedures, enforcement of judgments, and challenges faced by litigants.

1. Legal Framework Governing Litigation in Thailand

The Thai judicial system is governed by several key statutes, including:

✔ The Constitution of Thailand – Defines judicial authority, legal rights, and fundamental freedoms.
✔ Civil and Commercial Code (CCC) – Covers contract law, property law, torts, and business transactions.
✔ Criminal Code (Penal Code) – Defines criminal offenses, penalties, and sentencing.
✔ Civil Procedure Code – Governs lawsuits, appeals, and enforcement of judgments.
✔ Criminal Procedure Code – Establishes trial procedures, evidence collection, and sentencing.
✔ Foreign Business Act B.E. 2542 (1999) – Regulates foreign businesses operating in Thailand.
✔ Arbitration Act B.E. 2545 (2002) – Governs dispute resolution through arbitration instead of court trials.

These laws dictate how litigation proceeds in Thai courts, the rights of plaintiffs and defendants, and the enforcement of legal rulings.

2. Structure of the Thai Court System

The Thai judicial system consists of three primary levels of courts, each handling specific types of disputes.

2.1 Courts of First Instance (Trial Courts)

✔ Handle initial fact-finding and hearings in both civil and criminal cases.

2.2 Courts of Appeal

✔ Handles appeals from the lower courts when legal errors or judicial misconduct are claimed.
✔ Reviews factual and legal aspects of cases but does not conduct new trials.

2.3 Supreme Court (Dika Court)

✔ The highest court in Thailand, ruling on cases involving significant legal interpretation or constitutional issues.
✔ Only hears cases after exhaustion of lower court appeals.

3. Civil Litigation in Thailand

3.1 Common Civil Litigation Cases

✔ Contract Disputes – Breach of business, lease, service, or loan agreements.
✔ Property Disputes – Land ownership conflicts, landlord-tenant disputes, inheritance claims.
✔ Debt Recovery – Collection lawsuits against defaulting borrowers or businesses.
✔ Personal Injury Claims – Lawsuits for car accidents, medical malpractice, defamation.

3.2 Steps in a Civil Lawsuit

Step 1: Filing a Complaint

✔ The plaintiff submits a statement of claim detailing the dispute, damages, and legal grounds.
✔ Filing fees vary based on the claim amount.

Step 2: Summons and Defendant’s Response

✔ The court issues a summons requiring the defendant to file a response within 15–30 days.
✔ If the defendant does not respond, the court may enter a default judgment.

Step 3: Pre-Trial Mediation and Settlement

✔ Thai courts encourage mediation before proceeding to trial.
✔ Settlements save time and legal costs for both parties.

Step 4: Trial Proceedings

✔ Conducted before a panel of judges (no jury system).
✔ Both sides present evidence, witness testimonies, and legal arguments.
✔ Cases can take months or years to reach a judgment.

Step 5: Court Judgment and Appeals

✔ The court issues a final ruling.
✔ The losing party has 30 days to appeal.

4. Criminal Litigation in Thailand

4.1 Common Criminal Cases

✔ Financial Crimes – Fraud, embezzlement, corporate tax evasion.
✔ Defamation Cases – Thailand has strict criminal defamation laws (Penal Code Sections 326–328).
✔ Drug Offenses – Possession or trafficking carries severe penalties, including imprisonment.
✔ Violent Crimes – Assault, theft, robbery, homicide.

4.2 Criminal Trial Process

✔ Investigation Phase – Conducted by police or prosecutors.
✔ Indictment – The prosecution formally files charges in the Criminal Court.
✔ Trial and Verdict – Judges determine guilt or innocence based on evidence.
✔ Sentencing and Appeals – Convicted defendants can appeal within 30 days.

5. Alternative Dispute Resolution (ADR) in Thailand

Due to court congestion and lengthy litigation, Thailand promotes ADR mechanisms:

5.1 Mediation

✔ Used for commercial, labor, and family disputes.
✔ Often court-ordered before a trial proceeds.

5.2 Arbitration

✔ Governed by the Arbitration Act B.E. 2545 (2002).
✔ Recognized under the New York Convention (1958) for international enforcement.

✔ Thailand Arbitration Center (THAC) and Thai Arbitration Institute (TAI) handle private arbitration cases.

6. Enforcement of Thai and Foreign Judgments

6.1 Enforcing Thai Court Judgments

✔ Winning parties can request asset seizure, wage garnishment, or bank account freezing.
✔ Courts may compel compliance through legal enforcement orders.

6.2 Enforcing Foreign Judgments in Thailand

✔ Thailand does not automatically recognize foreign court rulings.
✔ A new lawsuit must be filed in a Thai court using the foreign judgment as evidence.
✔ Foreign arbitral awards are enforceable under the New York Convention.

7. Challenges in Thai Litigation for Foreigners

8. Conclusion

Litigation in Thailand is a structured but complex legal process governed by strict procedural laws and judicial oversight. While the Thai court system offers a clear dispute resolution framework, cases can take years to resolve due to lengthy trials and appeals.

Foreign litigants should consider alternative dispute resolution (mediation, arbitration) to avoid delays and legal complexities. Legal representation is essential, especially for non-Thai speakers or individuals navigating complex civil and criminal litigation cases.